State v. Blair T. Davis, 2011AP320,District 2, 6/22/11 court of appeals decision (1-judge, not for publication); for Davis: Daniel J. Posanski; case activity Arrest by campus policeman, outside his jurisdiction, was justifiable under either citizen’s arrest, or fresh pursuit, doctrines. ¶5 The fresh pursuit doctrine states that any Wisconsin peace officer may pursue and arrest a suspect… Read more
D. Search incident to arrest
State v. Omar F. Ofarril-Valez, 2010AP3109-CR, District 1, 6/21/11 court of appeals decision (1-judge, not for publication); for Ofarril-Velez: Dustin C. Haskell, SPD, Milwaukee Appellate; case activity The court marshals “nine indicia of impairment” to support its conclusion of probable cause to arrest: time (2:30 a.m.); driving 3-4 miles over posted limit; “light odor” of alcohol… Read more
City of Sun Prairie v. Michael H. Smith, 2010AP2607, District 4, 5/26/11 court of appeals decision (1-judge, not for publication); for Smith: Tracey A. Wood; case activity ¶9 Wisconsin Stat. § 343.305(5)(a) imposes the following obligations on law enforcement: “(1) to provide a primary test at no charge to the suspect; (2) to use reasonable diligence in offering and… Read more
State v. Joe R. Hechimovich, 2010AP2897-CR, District 4, 4/7/11 court of appeals decision (1-judge, not for publication); for Hechimovich: Corey C. Chirafisi; case activity Compliance with implied consent law found. Although Hechimovich initially requested a breath test, after his blood was drawn at the hospital, the deputy “gave ample opportunity” during a 10-minute period for Hechimovich to renew… Read more
State v. Tracy Smiter, 2011 WI App 15; for Smiter: Mayaan Silver; case activity; Smiter BiC; State Resp.; Reply During a routine traffic stop, passenger Smiter threw out of the window a substance the officer concluded was a marijuana blunt. Smiter was arrested for possession of marijuana (he concedes on appeal probable cause for the arrest) and the car… Read more
State v. Michael A. Barahona, 2010AP1324, District 4, 10/21/10 court of appeals decision (1-judge, not for publication); for Barahona: Walter A. Piel, Jr.; BiC; Resp.; Reply ¶14 The undisputed facts as disclosed from the record reveal the following: (1) Marks observed Barahona’s vehicle driving in the wrong direction in the eastbound lane of Campus Drive… Read more
court of appeals decision (recommended for publication); for Batt: Chad A. Lanning; BiC; Resp.; Reply OWI – Implied Consent Law – § 343.305(5)(a) Testing Construing State v. Stary, 187 Wis. 2d 266, 522 N.W.2d 32 (Ct. App. 1994), the court concludes that the Implied Consent law affords the driver the right to choose testing administered by… Read more
State v. Javier Galvin, 2010AP863-CR, District 2, 10/6/10 court of appeals decision (1-judge, not for publication); for Galvin: John S. Schiro, Keith Llanas; BiC; Resp. Galvan, who had minimal ability to understand English, didn’t understand the implied consent warnings given to him in English. Because the arresting officer knew of Galvan’s limitation, and had indeed… Read more
